Supported Decision-Making for Adults with Disability and Older People

Supplementary Questions for Inquiry into Supported Decision-Making for Adults with Disability and Older People in NSW

September 2026

PWDA provided answers to supplementary questions for the inquiry into supported decision-making in NSW Committee on Ageing and Disability regarding the Supported Decision Making for adults with Disability and Older People in NSW.

The supplementary questions include:

1. Without diminishing the importance of supported decision-making:
   1. Are there any circumstances where you believe substitute decision-making would be more appropriate for an adult with disability?
   2. What additional measures could better ensure substitute decision-making is used only as a last resort?

Brief summary of PWDA’s response

Note on language: PWDA notes the term ‘substitute decision-making’ continues to be used by the Committee on Ageing and Disability in its supplementary questions.

Systems that focus on helping people make their own decisions can also support “representative” decision-making, especially when they are based on clear, fair principles that better protect basic human rights.

1. A main situation where a person’s wishes and preferences might need to be overridden by a trusted representative is when there’s a real chance that a decision could cause serious harm. In such cases, the way this is handled is guided by strict human rights principles to limit the impact on a person’s rights as much as possible. This should only be done as a last resort. The person’s best interests are not the main focus in this situation.
2. As previously noted to the Inquiry, PWDA stresses that a principled approach to supported decision-making as formulated by the ALRC and the DRC has as a core principle that representative decision-making is a last resort, and can only be undertaken after working through a process. This principled approach is a key measure to reduce representative decision-making. By providing more support for decision-making at the earliest time (particularly when that support focuses on building decision-making capability), you can reduce the need for representative decision-making later.

The above is a brief summary of our responses only, however our detailed, evidence backed responses can be read on the Supported decision-making for adults with disability and older people in NSW Inquiry website.